Case Brief Essay

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Case Citation: U.S. v. Collier, 27 M.J. 806 (A.C.M.R. 1988). Parties: United States, Plaintiff /Appellee Sergeant William H. Collier, Junior, Defendant / Appellant Facts: Sergeant Collier, Jr. was involved in a heated argument with a warrant officer. The warrant officer noticing that the argument was becoming too heated, ordered Sergeant Collier, Jr. to be at ease. The warrant officer testified that he ordered the Sergeant to be at ease several times and the Sergeant failed to comply with the order. The Sergeant testified that the order was never given and that the warrant officer used offensive language against him. Procedural History: Appellee brought complaint against Appellant in a special court- martial court for disobeying an order by a superior officer to be at ease. Appellee stated Appellant failed to repair, disobeyed a lawful order, and dereliction of duty. A hearing, known as a Rule 39(a) hearing, was held regarding the admissibility of evidence for rebuttal, being the appellant’s prior court-martial conviction. The military judge found that a limited amount of the appellant’s prior conviction was allowable and gave limited instructions for its use. The Appellant claimed at the hearing on evidence that an order to be at ease was never given to him. The Appellee argued that the warrant officer gave the order several times. The Appellee was able to show that the Appellant prior record displayed a history of disobedience to authority. The military judge found the Appellant guilty of three separate charges: failure to go, willful disobedience of the order of a chief warrant officer, and dereliction of duty, and sentenced to a bad conduct discharge and reduction in rank to a Private E-1. Issue: Whether the use of prior conviction history of a defendant denies them of a fair and impartial trial. Whether a judge must give instructions

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